New York Central Railroad v. Yarian

The appellee’s remote grantor conveyed to the appellant’s remote grantor a strip of ground through his farm land in fee simple, which was intended to be, and since has been, used as the right of way of a railroad. The original conveyance contained this provision : “Said company to permit & maintain two farm crossings . . . .” The land granted to the railroad company divided the grantors’ land, and then separated, and now separates, that part of the land upon which the buildings are located from the only accessible public highway. The land was then used, and is now used, for farming, and part…